Surgical Injuries

Most people trust their doctors. Undergoing any surgery can produce
anxiety but many patients assume that their surgeon is
well-educated, has had many years of training and will perform the
surgery as expected. Unfortunately, surgical injuries happen, either
through miscommunication, misreading of labels, missed diagnoses,
fatigued or intoxicated physicians, and outright incompetence.

In 2003 the Joint Commission Board of Commissioners, an
accreditation and certification organization for hospitals,
established a universal protocol for all hospitals and office-based
surgical sites. In spite of this effort to minimize the risk of
surgical injuries, physicians, nurses, and other hospital staff
continue to commit errors that can have devastating consequences for
victims and their families.

Standard of Care

Surgeons are held to a certain standard of care commensurate with
the skills of the average surgeons in the medical community in which
he/she practices. If a surgical error is made during a procedure,
legal action may be the best path toward monetary recovery. A
malpractice lawsuit initiated by the patient or his or her
representative will delve into the surgeon’s conduct to determine if
he or she performed within these standards

Even if a surgical error led to a serious injury, it does not
automatically qualify as a compensable injury under medical
malpractice law. Medical malpractice is a particularly specialized
area of the law that demands the training, resources and skills of a
surgical injury attorney who can properly advise you.

Common Types of Surgical Injuries

Anesthesiology errors

Incorrect incisions

Equipment malfunction

Leaving an instrument inside the patient

Wrong site surgery

Operating on the wrong patient

Damage to other organs

Nerve damage

Post-operative injuries

Any operation involves some inherent risk. Every patient is required
to sign a document that warns of the potential risks for given a
surgical procedure. However, a surgeon is still held to a certain
standard of skill and care in performing the operation. Should a
serious medical error occur, the patient or his/her family should
immediately contact a surgical injury lawyer.

Malpractice Induced Surgical Injuries

Despite the required protocol that all surgeons and their staff must
comply with, injuries do occur. Such injuries might be the result of
the following:

Fatigue or inattention - Surgeons work long hours, but this is no
excuse for not being rested and having the mental focus required for
performing surgery.

Miscommunication - For some reason, the nurse or other staff
incorrectly identified the patient or the site to be operated upon,
failed to inform the surgeon on a material issue, or misread the
drug or its dosage to be administered before, during or after the
procedure.

Incomplete pre-operative planning - Physicians are required to
evaluate a patient’s health and medical history including: allergies
to certain medications, the site of the planned procedure, and other
risk factors to ensure that the operation should proceed properly.

Incompetence - Although surgeons amass years of training, not all
possess the skills or experience required to adequately perform
operations that meet the average standards required. A medical
facility employing such a doctor may also be liable for their
incompetence.

Neglect- Surgical instruments used may not have been sterilized or
were defective. Also, patients need adequate post-operative care to
protect against infection, septic shock, failure to heal, and other
life-threatening risks.

Medical malpractice claims are vastly different from other personal
injury cases with different standards, time constraints,
compensation, and required evidence. If you or a loved one has been
injured due to potential malpractice, we want to hear from you. Our
lawyers have the resources, training and experience to properly
advise you of your legal options.

Disclaimer:
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